Importing and exporting is a fact of life for the adult novelty industry. So are hassles with customs, whether in the U.S. or internationally.
"The [U.S. Food and Drug Administration] is quite involved with this industry because it falls into their domain of products that come in contact with the human body," notes Terri Kelloway, who handles corporate communications for BMS Enterprises, and adult novelty distributor that is based in Canada and ships internationally. "How specific the laws are regarding a vibrator are often confusing. There is nothing clear and precise written towards the adult novelty industry, and this creates confusion among customs officials as to what is acceptable to allow across the border.
"What
choice is ultimately made depends on the agent and how they may classify the
shipment. It is very subjective to interpretation."
Beverly Pollington-Sirjani, senior vice president of Kama Sutra, a
leading manufacturer of romance and intimacy products, agrees with Kelloway. "Due to the nature of these
products, they can be difficult to classify, and incorrect classification can
lead to problems," she says.
Unfortunately,
when confusion occurs at the border, it can delay shipments for weeks or even
months. "Once an investigation starts, the FDA will ask the freight forwarder
for important information that they may not be able to provide," Kelloway says.
"Communication to the original shipper, who knows the answers, may take a while,
and this costs money. These delays cause unnecessary costs for the company
shipping product, possibly even losing a customer and future orders due to the
long waiting time."
Swedish sensual product designer LELO, which
ships to 50 countries, has its factory in Shanghai.
This means virtually all of LELO's sales
are export sales, since China
is regarded as its products' country of origin.
According to Johan Arrhenius, general manager of LELO China, his company's customs issues usually are all-or-nothing affairs. "In general, we have no problems, neither with exporting from China or importing into the country of destination," he says. "However, some countries do not allow import of our type of products, and this of course is a problem. ... For example, certain countries do not allow the import of vibrators, [such as] South Korea and Thailand." Ironically, Arrhenius says, South Korea has a "lively domestic sex-toy market, so this is probably more of a trade barrier than a moral censorship issue."
Still, even LELO runs into occasional hassles at the U.S. border, says Filip Sedic, the company's U.S. general manager. "Once in a while-the chance is less than 5 percent-our products are improperly categorized by customs as medical devices that require certain FDA fillings and device classification," he notes. "This can cause some delays for sending the additional information on the products and the materials used. Since we are using FDA-approved medicinal plastics, silicon, metals and recyclable materials, all with the proper description and pictures of the products, we usually clear customs within a few days."
So what does it take to minimize shipment delays at the border? Generally, it's a matter of doing your homework beforehand. "When you ship, you have to take in to consideration that there are different import regulations for different countries," Sedic explains. "A certain procedure has to be followed, and the appropriate documentation has to be provided with the shipment to avoid any delays in the transportation of the products."
Still, even doing paperwork correctly is no guarantee of quick customs clearance. Before this is granted, "sometimes our customers are assessed import duties and taxes that can vary for each shipment and country," Sedic says. "In many cases, the customers are able to apply for a tax refund of these charges direct from their local tax office, but sometimes it is not worth their time to dispute the charges."
For markets that do permit the import of adult novelties, what can an exporter do to ensure that its toys reach the bedrooms of its horny consumers?
The answer is to have someone in each target country who understands the lay of the land and is on hand to deal with any issues that may arise. "Work with a good importer who will know the best ways to solve problems and may already have good existing relationships with customs authorities," Pollington-Sirjani advises. "Obviously, shipping times can be problematic if there are unforeseen delays, but generally it can be handled by a good freight forwarder."
A second strategy is to know beforehand what products are allowed in by customs and which will be held back. "Problems come when manufacturers try to ship noncompliant items into countries," Pollington-Sirjani says.
Also, be aware that some international shipments will not make it to their destinations, not because of official customs hassles, but because adult novelties intrigue sexually driven people. "The type of product that we ship is very interesting to the majority of people and piques their curiosity, often leading to theft," Kelloway says. "This is a major concern for BMS Enterprises due to the costs associated in replacing stolen products and reshipping them."
When exporting adult novelties into another market, find out and follow the rules before you ship. Also, try to find a partner in your target country that can shepherd the shipment once it hits customs, in order to minimize delays and maximize the chances of delivery. If your partner is really effective, they may even be able to help you minimize product theft!
